Your browser either does not support JavaScript or you have JavaScript disabled. Please enable JavaScript or view this page in Text Version.

Town of Chilmark, MA

PO Box 119, 401 Middle Road, Chilmark, MA 02535-0119

Section III

1. DE-CRIMINALIZATION OF OFFENSES

Any person taking cognizance of a violation of a specific bylaw, rule or regulation which he is empowered to enforce, the violation of which is subject to a specific penalty, as an alternative to initiating criminal proceedings, may give to the offender a written notice to appear before the Clerk of the District Court having jurisdiction ther eof at any time during the office hours, not later than twenty-one days after the date of such notice to allow for the non-criminal disposition of such offenses in accordance with the provisions of Chapter 40, Section 21D of the Massachusetts General Laws.

Adopted ATM April 25,1988

2. DISCHARGE OF FIREARMS

No person shall fire or discharge any firearm or explosives of any kind or release any arrow within the limits of any highway, park or other public property except with the written permission of the Board of Selectman; or on any private property, except with the written consent of the owner or legal occupant thereof, provided however, that thi s bylaw shall not apply to the lawful defense of life or property nor to any law enforcement officer acting in the discharge of his duties; it is further provided that any person violating any provision of this bylaw shall be punished by a fine of not more than $50.00 for each offense.

Adopted ATM Feb.28,1966

Amended ATM April 25,1988

3. DUMPING

Whoever disposes of household or commercial refuse by placing, throwing, depositing or causes it to be placed, thrown, deposited or discharged on a public highway or within twenty yards of public highway, or on any public land, or in or upon coastal or inland waters, or ina trash receptacle placed on public property by the Town of Chilmark or any of its departments or agencies for the convenience of the traveling and maritime public, or on or in private property shall be assessed a fine of fifty dollars ($50.00) for the first offense, one hundred dollars ($100.00) for the second offense and criminal complaint proceedings for any third or subseuent offenses.

Adopted STM October 16, 1990

4. LEASH LAW

All dogs owned or kept within the limits of the town shall be restrained from running at large or shall be kept within the immediate control of their owners and keepers. The Dog Officer may apprehend all dogs which are not so restrained and controlled and may prosecute all violations of this bylaw as provided in Chapter 140, Section 173A, Gen eral Laws.

Upon apprehension of any dog found in violation of this bylaw, the Dog Officer may impound such dog and shall make a record upon which shall be recorded the breed color and sex of said dog and whether or not it is licensed. If licensed, he shall enter the name and address of the owner and the number of the license tag. The owner of any dog so impounded may reclaim such dog upon payment of the license fee, if unpaid, and all costs and charges incurred by the town for apprehending, impounding and maintenance of said dog.

Furthermore, any person violating any provision of this bylaw shall be punished by a warning for the first offense, a $5.00 fine for the second offense, a $10.00 fine for the third offense and a $25.00 fine for the forth and subsequent offenses.

Adopted ATM April 27, 1987

5. LEGHOLD TRAPS

No person shall use, set, place or maintain any type of jawed leghold trap, padded or unpadded, modified or unmodified, including but not limited to the sofrcatch trapping system or any type of Conibear trap within the limits of any highway, park, s hoolground or other public property or on any private property. Any person violating any provi sion of this bylaw shall be punished by a fine of not more than $300.00 for each offence.

6. OBSTRUCTING OR SLEEPING IN PUBLIC PLACES

No person shall obstruct a street, sidewalk or other public place if his presence thereon interferes with the normal flow of traffic. No person shall remain at or near the doors of a place of business if his presence on said street, sidewalk or other public place results in the blocking of access to said place of business if he is requested b y the owners or occupants of said places or the police to depart therefrom. Any person violating this bylaw shall be fined not less than $25 and not more than $50.

No person shall be allowed to sleep in any town parks except with the permission of the Board of Selectmen, or in any town building. No persons shall be allowed to sleep on any beaches within the town limits of Chilmark between the hours of 9p.m. and 7a.m. This bylaw shall not apply to any person who sleeps on a beach which is not owned by t he town, county , or state with the permission of person or persons who are lawfully in possession of said beach. Any person violating this bylaw shall be fined not less than $25 and not more than $50.

No person or persons shall sleep in any motor vehicle on private property unless they have permission to do so by the person or persons lawfully in possession of said property. Whoever violates this bylaw shall be fined not less than $25, or more than $50.

Adopted ATM February 27,1967

Amended February 23,1971

7. TROUBLE ALARMS

Whoever owns a residence or building and has a burglar alarm shall not have more than two false alarms per calendar year, per building. The Town of Chilmark defines a false alarm as "an alarm signal resulting in a response by the police or fire department when an emergency does not exist". An alarm shall be presumed false if the responing officer(s) do not locate any evidence of an intrusion or of the commission of an unlawful act, a fire or emergency on the premises, which might have caused the alarm to sound. Alarms caused by thunder storms, hurricanes, other "violent acts" of nature, certain power outages and other valid situations, as determined by the Police Chief or Fire Chief, shall be exempt from this bylaw. The Chief will notify the owner by mail at his/her place of
residence for each offense. Whoever violates this bylaw shall be punished by a fine of $100.00 for the first offense and an additional $150.00 for each subsequent offense up to the maximum permitted by law. Municipally owned buildings shall be exempt from this bylaw.

Adopted ATM April 24, 2006

8. WOOD CUTTING

The cutting of wood on private property without the written permission of the landowner is prohibited.